A.
The purpose of this section is to further an overall plan for the
enhancement of public safety, consistent community development, preservation
of property values, and the general welfare of the City while providing
for the communication needs of residents and businesses in Bee Cave.
B.
This section governs the placement of Antenna Facilities and Telecommunications
Towers to:
1.
Facilitate the provision of wireless telecommunication services
to the residents and businesses in Bee Cave;
2.
Encourage operators to locate facilities in areas where the
adverse impact on the community is minimal;
3.
Encourage coordination among suppliers of wireless telecommunication
services;
4.
Encourage Co-Location on both new and existing facilities, encouraging
coordination among suppliers of wireless communication services;
5.
Encourage operators of Antenna Facilities to configure them
in a way that minimizes the adverse visual impact through careful
design, landscape screening, and innovate stealth techniques; and
6.
Enhance the ability of wireless telecommunication providers
to provide services to the community effectively and efficiently.
C.
Small Cell support structures erected in the right-of-way are governed
by Chapter 16.03 of the Code of Ordinances.
(Ordinance 475 adopted 6/28/22)
A.
The regulations of this Section 6.5.1 [6.6] apply to each new Antenna
Facility and Telecommunications Tower located within any district
within the City Limits.
B.
A preexisting Antenna Facility or Telecommunications Tower lawfully
in existence on September 25, 2007 that is nonconforming with these
regulations is not required to meet the requirements of these regulations
unless the following occurs:
C.
A preexisting Antenna Facility or Telecommunications Tower lawfully
in existence on September 25, 2007 that is nonconforming with these
regulations may be modified to decrease the degree of nonconformity
upon approval by the Planning Director.
(Ordinance 475 adopted 6/28/22)
A.
Equipment storage building or enclosure.
1.
Any buildings, structures, cabinets, or enclosures used to secure
equipment or components used in the operation of an Antenna Facility
or Telecommunications Tower that are visible from the right-of-way
or abutting property must include an opaque screen measuring at least
six feet (6') in height and consisting of at least one (1) of the
following screening methods:
(i)
A masonry wall around the enclosure that matches either the
principal building on the lot or is constructed of brick or split-faced
stone;
(ii)
The combination of a wrought-iron fence with a
vegetative screen measuring at least six feet (6') in height at maturity
around the enclosure;
(iii)
A building projection such as a wing wall that
matches the facade of the building to which it is attached; or
(iv)
A berm or other effective screening device approved
by the Planning Director.
2.
Any cabinets that must be visible are required to be constructed
of rustproofed metal with a nonreflective, neutral tone finish.
3.
The Director may waive or modify screening requirements on one
or more sides of the enclosure or allow the placement of screening
in more effective areas on the same lot when the enclosure is located
adjacent to undevelopable land or land otherwise permanently screened
from public view.
B.
Driveway surfaces.
1.
All Antenna Facilities and Telecommunications Towers must be
accessed by a paved driveway constructed of asphalt or concrete.
2.
The driveway must provide the equivalent of one (1) parking
space that effectively prevents utility vehicles from having to maneuver
into the right-of-way.
3.
Driveways should be constructed to not inhibit access to surrounding
development or to compromise the ability of the lot to be developed
or redeveloped, according to the reasonable judgment of the Planning
Director, subject to appeal by any aggrieved party to the Zoning Board
of Adjustment within ten (10) calendar days of the Director's decision.
C.
Lighting. External lighting is prohibited on an Antenna Facility
or a Telecommunications Tower except as required by the Federal Aviation
Administration (FAA) or the Federal Communications Commission (FCC).
D.
Permissible telecommunications towers. New Telecommunications Towers
are limited to Monopole, Stealth Facility, and Alternative Mounting
Structures.
E.
Construction standards.
1.
The applicant for an Antenna Facility or Telecommunications
Tower must obtain a Building Permit before beginning construction.
2.
The facility must be constructed or installed according to the
manufacturer's recommendations or according to plans submitted to
the City under the seal of an Engineer licensed in the State of Texas.
3.
The facility must comply with applicable state and City-adopted
building codes.
4.
Facilities are prohibited from locating within easements unless
approval is granted in writing by the owner of the easement.
F.
Maintenance requirements and violations.
1.
To ensure the structural integrity of each Antenna Facility
or Telecommunications Tower, the applicant or owner must ensure that
the facility is maintained in full compliance with the City's adopted
building code and safety regulations as well as all other regulations
of this section.
2.
If, upon inspection, the City or a third party inspector retained
by the City concludes that the facility fails to comply with the City's
adopted Building Code or this section, or constitutes a danger to
persons or property, the City will serve written notice to the owner
of the facility.
3.
Upon being notified by mail or by notice posted at the location
of the facility, the owner must bring the facility into compliance
within thirty (30) calendar days.
4.
Failure to bring the facility into compliance constitutes grounds
for removal of the facility at the owner's expense.
5.
The notice requirements of this subsection F do not preclude
immediate action by the Building Official as allowed by law if such
action is required to preserve the safety of persons or property.
G.
Abandonment and removal.
1.
Any Antenna Facility or Telecommunications Tower that is not
actively transmitting or receiving signal or that is not connected
to a network or backhaul provider is considered abandoned and must
be removed, at the owner's expense, within one hundred eighty (180)
calendar days of a determination by the City, or a third party inspector
retained by the City, that the tower has ceased operation.
2.
Deactivation of a facility for the purpose of antenna replacement
is subject to the ninety (90) day limitation placed on work for which
a Building Permit is issued (see subsection 6.6.4.F below). If, after
ninety (90) calendar days, the facility is still inactive and the
applicant or owner has not requested an extension, the City may begin
proceedings to have the tower removed at the owner's expense.
3.
Upon receiving notice from the City to remove the abandoned
tower, the owner may request an extension in writing with a written
statement of the owner's intentions to either remove the facility
or to activate it within ninety (90) calendar days.
4.
If the facility is not removed or activated following a granting
of extension by the Planning Director, the City may notify the owner
that it intends to contract for removal of the facility at the owner's
expense.
5.
The owner may appeal the decision of the Planning Director to
declare the facility abandoned to the Zoning Board of Adjustment within
ten (10) calendar days from receipt of notice.
(i)
The Board may affirm the Director's decision, declare the facility
to be active and not subject to this subsection G, or grant an extension
up to ninety (90) calendar days.
6.
Upon removal of the facility, the site must be returned to its
preexisting condition, including natural slope and native vegetation,
within one hundred eighty (180) calendar days.
(Ordinance 475 adopted 6/28/22)
|
Table 6.6-1: Application Summary
| ||||
|---|---|---|---|---|
|
Type of Facility
|
New Antenna Facility or Telecommunications Tower
|
Antenna Co-Location
| ||
|
Building Permit
|
SUP
|
Building Permit
|
SUP
| |
|
Satellite Receive Only 1 meter or less
|
No
|
No
|
NA
|
NA
|
|
Satellite Antenna > 1 meter in Commercial Area
|
Yes
|
No
|
NA
|
NA
|
|
Satellite Antenna > 1 meter in Residential Area
|
Yes
|
Yes
|
NA
|
NA
|
|
Amateur Radio Antenna Complying with Height Limits
|
No
|
No
|
NA
|
NA
|
|
Amateur Radio Antenna Exceeding Height Limits
|
Yes
|
Yes
|
NA
|
NA
|
|
Television Antennas
|
No
|
No
|
Yes*
|
No
|
|
Level 1 S.F. in CU, UR, WC or DR District
|
Yes
|
No
|
Yes*
|
No
|
|
Level 2 S.F. in CU, UR or WC District
|
Yes
|
No
|
Yes*
|
No
|
|
Level 2 S.F. in DR District
|
Yes
|
Yes
|
Yes*
|
No
|
|
Level 3 S.F. in CU, UR or WC District
|
Yes
|
No
|
Yes*
|
No
|
|
Level 3 S.F. in DR District
|
Yes
|
Yes
|
Yes*
|
No
|
|
Level 4 S.F. in CU or UR District
|
Yes
|
No
|
Yes*
|
No
|
|
Level 4 S.F. in WC or DR District
|
Yes
|
Yes
|
Yes*
|
No
|
|
Monopole Tower in any district
|
Yes
|
Yes
|
Yes*
|
No
|
A.
Responsible official. The Planning Director is the Responsible Official
for processing an application for a Special Exception under this section
and the Building Official is the Responsible Official for processing
an administrative application under this section.
B.
Information required for all new facilities. The applicant for a
new Antenna Facility or Telecommunications Tower must provide the
following information for an application to be considered complete
by the Responsible Official:
1.
A written description of the facility and the building or property
on which the facility is to be installed, including a copy of the
recorded plat that depicts any easements or right-of-way on or abutting
the property.
2.
The proposed facility and any ancillary buildings or enclosures
must be identified on a dimensioned site plan at an adequate scale
to show setbacks from abutting property lines and Right-of-Way.
3.
A description of the means used to access the site, including
identification of any property owners or beneficiaries from whom permission
is required to access the property.
(i)
If access to the site requires an access easement, the applicant
must supply a copy of an easement recorded with the County granting
the owner of the facility access before the permit is issued.
4.
Engineered drawings of all equipment, structures, and antennas,
along with photo simulations depicting how the facility will appear
from ground level at abutting property lines or public right-of-way
(the Building Official may waive this requirement for a Level 1 Stealth
Facility).
5.
A propagation map or similar study that depicts coverage provided
by existing facilities within a three (3) mile radius along with the
gaps in existing coverage that the proposed facility will address,
if applicable.
6.
Names of telecommunications providers that will use the facility,
if known, and how many spaces will be available for antenna Co-Location.
7.
Information on wireless or wired connections to other facilities
and the identity and contact information of the backhaul provider.
8.
Analysis demonstrating that the proposed facility will not interfere
with public communications channels or frequencies during normal operation.
C.
Additional information for facilities requiring a specific use permit.
In addition to the information required in subsection B. above, the
following information is required for all facilities shown as requiring
an SUP (See Table 6.6-1):
1.
Analysis of potential Co-Location on existing Antenna Facilities
or Telecommunications Towers within three (3) miles of the proposed
location, including facilities that may be located outside of the
City. The analysis must include a written description of any efforts
made by the applicant to Co-Locate on existing facilities along with
reasons why existing facilities are infeasible or inadequate for Co-Location.
2.
A written explanation of how the proposed facility will address
existing inadequate Co-Location opportunities if the facility is approved.
3.
Where site conditions permit, the applicant must conduct a balloon
test as part of the application process. The test consists of raising
one (1) or more balloons tethered to the ground and rising to a height
equal to the proposed tower.
4.
Analysis of whether the facility could be constructed as a type
that does not require an SUP using any of the described methods in
Table 6.6-2: Antenna Facility Stealth Levels.
D.
Satellite receive-only antennas one meter or less exempted. A Wireless
Facility Permit or Specific Use Permit is not required for Satellite
Receive-Only Antennas measuring one meter diameter or less.
E.
Co-location.
1.
A Wireless Facility Permit is required for Co-Location if additional
structural support will be needed to make the facility suitable for
the Co-Location.
2.
If a Wireless Facility Permit is required, the Building Official
will determine the required information on the application based on
an assessment of the facility.
3.
A Co-Location that increases the height of the facility or its
level of visibility or impact (such as a change from a higher level
of stealth facility to a lower level) will be considered a new facility
for the purpose of applying the requirements of this section.
F.
Application processing.
1.
The Building Official will issue approval or denial of a Wireless
Facility Permit under this section no more than sixty (60) calendar
days after receiving a complete application.
2.
If the Building Official finds that an application is incomplete,
the Building Official will notify the applicant within thirty (30)
calendar days with a list of items that require correction.
3.
The applicant must respond within forty-five (45) calendar days
of receiving notice from the Building Official that the application
is incomplete.
4.
The applicant must begin construction or installation of the
facility within ninety (90) calendar days after the Building Official
has issued the permit for construction or the permit will expire.
(Ordinance 475 adopted 6/28/22)
A.
For the purposes of determining appropriate locations for the placement
of Antenna Facilities and Telecommunications Towers, the City is divided
into wireless facilities districts with differing regulations for
height, location, and type of facility allowed.
B.
This subsection 6.6.5 applies only to Antenna Facilities and Telecommunications
Towers (for regulations governing Amateur Radio Antennas, TV Antennas,
and Satellite Receive-Only Antennas, see Section 6.6.6 below).
C.
Wireless districts established.
1.
Commercial Use (CU). Refers to property within the CR and P
districts, the MU-C and MU-TC districts along with any PDD having
those underlying districts where less than fifty percent (50%) of
the land area in the district is allocated to residential uses.
2.
Developed Residential (DR). Refers to property within the AG
and R districts, the Hill Country Overlay, the MU-N district and any
PDD having those underlying districts where at least fifty percent
(50%) of the land area is allocated to residential uses and the property
in question has the following attributes:
3.
Undeveloped Residential (UR). Refers to property within the
AG and R districts, the Hill Country Overlay, the MU-N district and
any PDD having those underlying districts where at least fifty percent
(50%) of the land area is allocated to residential uses and the property
in question has the following attributes:
4.
Wireless Corridor (WC). Refers to property located within the
right-of-way of an Arterial street, as indicated on the City's Master
Thoroughfare Plan, or located within one hundred fifty feet (150')
of the boundaries on either side of the right-of-way.
D.
Setbacks for telecommunications towers. Telecommunications Towers
must be set back from the right-of-way and adjacent properties in
accordance with this subsection.
1.
Towers abutting AG or R Zoning District.
(i)
Towers adjacent to a property zoned AG or R (or a PDD with underlying
R zoning) must be set back at least three hundred feet (300') from
the property line of the property zoned AG or R.
(ii)
The maximum height of the tower is one hundred
feet (100') unless the tower is set back more than three hundred feet
(300'), in which case the tower may increase one foot (1') in height
for every additional one foot (1') of setback.
(iii)
For existing towers that are increased in height,
the tower may not be located closer than the Fall Zone Distance, defined
as the entire height of the tower plus thirty feet (30').
2.
Towers abutting right-of-way. Towers adjacent to a right-of-way
must be set back a minimum of one hundred feet (100') from the edge
of the right-of-way.
E.
Design and aesthetic requirements for wireless facilities. Antenna
Facilities and Telecommunications Towers must comply with the design
requirements of this subsection (for screening of equipment buildings
and enclosures, see subsection 6.6.3.A above).
1.
Color and finish.
(i)
Unless the facility is constructed as a Level 2 Stealth Facility,
the exterior surface or face of any Antenna, mast, pole, support structure,
or tower must be finished in neutral or earth tone colors unless certain
colors are required by the FCC or FAA.
(ii)
Reflective surfaces or bare galvanized metal are
prohibited.
2.
Prohibited types of facilities. Antenna support towers are limited
to Monopole Towers. Towers utilizing an external lattice structure
or guy wires for support are prohibited.
|
Table 6.6-2: Antenna Facility Stealth Levels
| |||||
|---|---|---|---|---|---|
|
Facility Type
|
Description
|
CU
|
WC
|
UR
|
DR
|
|
Monopole
|
Monopoles are only allowed by Specific Use Permit
Antennas and ancillary equipment or support structures may not
extend more than 5 feet above the highest point.
|
SUP
|
SUP
|
SUP
|
SUP
|
|
Level 3 Stealth Facility
|
Antenna are located on an existing structure other than a monopole
or tower, such as a building, water tower, steeple, or utility pole.
Antenna are not screened, hidden, or disguised by matching the
color or finish of the support structure.
|
Permitted
|
Permitted
|
SUP
|
SUP
|
|
Level 2 Stealth Facility
|
Antenna are located on an existing structure other than a monopole
or tower, such as a building, water tower, steeple, or utility pole,
or attached to a monopole where the entire tower is disguised.
The antenna is disguised by matching the color, material, style,
or other features of the support structure or building or attached
to a structure, including a monopole, and disguised as an object such
as a tree, flag pole, or other feature that conforms to the features
of surrounding properties.
|
Permitted
|
Permitted
|
Permitted
|
SUP
|
|
Level 1 Stealth Facility
|
Antenna are attached to a structure, typically a building, with
a device that completely hides the antenna and support structure from
view from a point measured 6' above the ground at the abutting property
line. The device may be part of the primary structure, such as a parapet
wall, or an architectural feature such as a clock tower or a steeple.
New ancillary support structure may be constructed to house the antenna if the support structure and antenna are completely hidden from view, the method of concealment is designed to be an integral part of the primary building, and the addition meets all applicable requirements of Article 3.
|
Permitted
|
Permitted
|
Permitted
|
Permitted
|
F.
Specific use permit approval.
1.
Approval criteria.
(i)
City Council may consider a request for a facility listed as
requiring a Specific Use Permit in Table 6.6-2 after property owners
within two hundred feet (200') of the subject property have been notified,
and upon recommendation by the Planning Director and the Planning
and Zoning Commission based on consideration of the following criteria:
(1)
The appropriateness of the location and design
of the Antenna Facility or Telecommunications Tower;
(2)
The potential for interference with the use and
enjoyment of surrounding properties;
(3)
The proposed height of the facility relative to
surrounding development;
(4)
The character of the development and zoning districts
surrounding the subject property;
(5)
The effectiveness of proposed stealth techniques
at minimizing the visual impact of the tower, antennas, or ancillary
structures, and the need for ongoing maintenance of devices used to
camouflage the facility (See subsection 6.6.4.B).
(ii)
City Council, following a public hearing, may
by simple majority vote to approve a Specific Use Permit subject to
the applicant having addressed the following conditions:
(1)
That the Antenna Facility or Telecommunications
Tower will permit Co-Location of other operators on the facility;
(2)
That the facility will accommodate other wireless
telecommunications operators, including the City;
(3)
Construction and operation of the facility will
not physically hinder the development or redevelopment of surrounding
properties including the subject property;
(4)
The proposed site is the most feasible location
for the facility based on evidence and documentation provided by the
applicant; and
(5)
The means used to camouflage or reduce the visual
impact of the facility are adequate to protect the value and character
of surrounding properties.
2.
Effect of council decision.
(i)
If the Council votes to approve the Specific Use Permit, construction
may not begin until the Building Official issues a Building Permit.
(ii)
If the Council votes to deny the Specific Use
Permit, the decision must be documented in writing in accordance with
the requirements of the orders of the Federal Communications Commission
and the Telecommunications Act of 1996, as amended.
(Ordinance 475 adopted 6/28/22)
A.
Amateur Radio Antennas and TV Antennas. Amateur Radio Antennas and
TV Antennas are allowed as accessory uses if they comply with the
following:
1.
Location. Amateur Radio Antennas and TV Antennas are allowed
only on a roof or in the rear yard behind the principal building on
the lot.
3.
Height. An Amateur Radio Antenna or TV Antenna shall not extend
more than eight feet (8') above the maximum height allowed for the
Zoning District where the antenna is located.
4.
Setback. An Amateur Radio Antenna or TV Antenna is prohibited
in any required setback established for a principal building on the
same lot.
B.
Satellite receive-only antennas one meter or less in diameter. Satellite
Receive-Only Antennas that are one (1) meter or less in diameter are
allowed as accessory uses if they comply with the following:
1.
Location. Satellite Receive-Only Antennas one (1) meter or less
in diameter are allowed only on a roof or in the rear yard behind
the principal building on the lot.
3.
Height. Satellite Receive-Only Antennas one (1) meter or less
in diameter shall not extend more than one meter (3.28 feet) above
the maximum height allowed for the Zoning District where the antenna
is located.
C.
Satellite receive-only antennas greater than one meter. Satellite
Receive-Only Antennas greater than one meter are allowed as accessory
uses in the MU, CR, and P districts and by Specific Use Permit on
properties at least one (1) acre in size in all other Zoning Districts
if they comply with the following:
1.
Location. Satellite Receive-Only Antennas greater than one (1)
meter are allowed only in the rear yard behind the principal building
on the lot.
3.
Height. A Satellite Receive-Only Antenna greater than one (1)
meter shall not exceed three meters (9.84 feet) in height at its tallest
point.
4.
Setback and screening.
(i)
A Satellite Receive-Only Antenna greater than one (1) meter
must be set back from the property line a distance equivalent to its
overall height.
(ii)
The Building Official may approve a reduced setback
if screening is provided in the form of an opaque fence or living
screen that will completely hide the facility from view of abutting
properties.
(Ordinance 475 adopted 6/28/22)
The Board of Adjustment is authorized to approve variances to
the requirements of this section in the following circumstances:
A.
In cases where the Responsible Official is not given the authority
to vary from or modify requirements of this section;
B.
Where a Specific Use Permit is not required for installation of the
facility; and
C.
Where approval of a variance is consistent with the procedures found
in Section 3.5 [3.6].
(Ordinance 475 adopted 6/28/22)
